The amended rule language will clarify requirements for individuals licensed or practicing in another state.

 

DEPARTMENT OF HEALTH
Board of Opticianry

RULE NO: RULE TITLE
64B12-9.016: Eligibility of Individuals Practicing or Licensed in Another State
PURPOSE AND EFFECT: The amended rule language will clarify requirements for individuals licensed or practicing in another state.

SUMMARY: The proposed rule amendment will clarify requirements of individuals licensed or practicing in another state.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 484.005 FS.
LAW IMPLEMENTED: 484.007(1)(d), 2 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Opticianry/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-9.016 Eligibility of Individuals Practicing or Licensed in Another State.

(1) For purposes of determining eligibility for examination of an individual pursuant to Section 484.007(1)(d)2. and 3., Florida Statutes, the Board shall interpret the phrase “immediately preceding application” to mean that the individual must apply for the examinations set forth in Rule 64B12-9.001(1), (3) and (4) for licensure in Florida within two (2) years of ceasing the actual practice of opticianry in the other state upon which the eligibility is claimed.

(2) Applicants for examination pursuant to Section 484.007(1)(d)2., F.S., shall submit with the application, documentation that they are licensed to practice opticianry, in another state, territory, or jurisdiction of the United States, for a period of more than 3 years immediately preceding application. Periods of apprenticeship or training in opticianry shall not be considered to constitute any portion of the required years of practice. Applicants for examination pursuant to Section 484.007(1)(d)3., F.S., shall submit with the application                         documentation that they have actively practiced opticianry for a period of 5 years immediately preceding application. Periods of apprenticeship or training in opticianry shall not be considered to constitute any portion of the required years of practice. The applicant must establish independent engagement that he independently engaged in all aspects of the practice of opticianry during the period for which actual practice is claimed. Such documentation shall include the following:

(a) Tax records and business records which establish that the applicant has actually engaged in the practice of opticianry. Affidavits from eye-care business people or professionals which state the method by which the affiant has knowledge of the applicant's practice of opticianry, the extent of the affiant's knowledge of the applicant’s actual practice and a detailed statement of the applicant’s professional acts or experience of which the affiant has personal knowledge.

(b) An affidavit by the applicant which states with specificity the professional acts or experiences engaged in during the five-year period during which the applicant claims the actual practice of opticianry occurred.

(c) Current certification of ABO and NCLE and verification of licensure status from another state, when applicable.

(3) For the purposes of this rule, an affidavit is defined to mean a written statement of facts which the affiant has confirmed by oath or affirmation taken before a person authorized by law to administer the oath or affirmation and which bears the signature and official seal of the officer or person before whom the affidavit was taken.

Specific Authority 484.005 Law Implemented 484.007(1)(d)2 FS. History–New 8-30-84, Formerly 21D-17.01, Amended 9-17-87, 1-26-88, Formerly 21P-17.001, Amended 9-2-92, 2-18-93, Formerly 21P-9.016, Amended 5-2-94, Formerly 61G13-9.016, 59U-9.016, Amended 8-6-97,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Opticianry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2006